A. The Defendant: (a) requested that the Plaintiff deliver the main organization from D, the actual operator of C Co., Ltd. (hereinafter “Nonindicted Company”) represented by the Plaintiff; and (b) supplied the main organization equivalent to KRW 52,274,020 in total of KRW 11,315,810 on December 5, 2017, and KRW 52,274,020 on December 28, 2017.

B. The Defendant asserted that, despite the delivery of the main organ to the Nonparty Company, the Defendant did not receive KRW 52,274,020 for the goods, filed an application with the Seoul Central District Court for a payment order claiming the payment of the said goods under the Seoul Central District Court 2018 tea6152, and issued the payment order on March 2, 2018, and around that time, the said payment order was served on the Nonparty Company and finalized.

C. Thereafter, the Defendant filed an order for payment of KRW 52,274,020 for the claim against the Plaintiff, who is the representative director of the non-party company, by asserting that it had not received the same goods as the above Seoul Central District Court 2018 tea1065, Namyang-si, Seoul Central District Court 2018 (hereinafter “instant order for payment”). On June 28, 2018, the Defendant issued an order for payment stating that “the obligor shall pay to the obligee an amount equivalent to 52,274,020 won per annum and 15% per annum from the day following the delivery of the original copy of the instant order for payment to the day of full payment” (hereinafter “instant order for payment”). On July 3, 2018, the instant order for payment was served on the Plaintiff and became final and conclusive July 18, 2018.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, Eul's 1, the purport of the whole pleadings and arguments

2. The assertion and judgment

A. The party who entered into a goods supply contract between the plaintiff's assertion 1 and the defendant's summary of the plaintiff's assertion is the non-party company and the plaintiff was the representative director of the non-party company and D, who is the plaintiff's de facto spouse and the actual operator of the non-party company. The plaintiff personally against the defendant.